Too Little Too Late'

• Published date: 11 June 2021
• Subject Matter: Employment and HR, Unfair/ Wrongful Dismissal, Employee Rights/ Labour Relations
• Law Firm: Wiggin
• Author: Mr Seth Roe, Marcus Rowland and Charis Shakespeare

Flatman v Essex County Council UKEAT/0097/20

In this case, the Employment Appeal Tribunal (EAT) reaffirmed the principle that a fundamental breach of contract (in the context of a constructive dismissal claim) cannot be cured.

The employee in question in this case, Ms Flatman, brought a constructive dismissal claim following her resignation as a result of her employer allegedly failing to provide a safe system of work.

Ms Flatman was a Learning Support Assistant who had to carry out lifting manoeuvres when supporting a disabled pupil. She had requested manual handling training on a number of occasions but this was not provided and she was signed off work with back pain. On her return to work, she was told that training was being organised and that the school was looking into moving her to another class so that she didn't have to lift the pupil. Ms Flatman resigned before the training or the move took place.

Ms Flatman's claim was rejected by the Employment Tribunal which found that her employer had demonstrated...